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CONDOMINIUM IS ENTITLED TO THE REIMBURSMENT OF EXPENSES INCURRED TO BENEFIT FROM THE FACADE BONUS IF THE COMPANY IS IN DEFAULT

Published on : 13/03/2024 13 March Mar 03 2024
PMT LEX

The Court of Turin, in ruling No. 3756 of Oct. 2, 2023, in the case of a contract entered into to carry out work on the renovation of the facades of a condominium building using the tax benefit known as the "90% facade bonus", recognized the condominium's right to exercise the right of termination in case of a default by the firm.

In the present case, despite the signing of the contract, the payment of the down payment by the Condominium and various warnings, the firm had never started the works.

The defendant firm remained contumacious, and the Court of Turin upheld the plaintiff's claim.

Therefore, the Court considered that the condominium legitimately exercised its withdrawal right from the contract and ordered the contractor firm to repay the sums already paid on account in addition to the expenses incurred for the asseveration of congruity of the expenses, the drafting of the metric calculation and the compliance endorsement. It was also recognized in favor of the condominium that it was entitled to the contract penalty.
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